Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 7 — Associations
66

102
Guests
(1)
An association (A) must not discriminate against a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
5
invited, as a guest;
(c)
by not inviting B, or not permitting B to be invited, as a guest.
(2)
An association (A) must not discriminate against a guest (B) invited by A or
with A’s permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
10
facility or service;
(b)
by subjecting B to any other detriment.
(3)
An association must not harass—
(a)
a guest;
(b)
a person seeking to be a guest.
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(4)
An association (A) must not victimise a person (B)—
(a)
in the arrangements A makes for deciding who to invite, or who to
permit to be invited, as a guest;
(b)
as to the terms on which A is prepared to invite B, or to permit B to be
invited, as a guest;
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(c)
by not inviting B, or not permitting B to be invited, as a guest.
(5)
An association (A) must not victimise a guest (B) invited by A or with A’s
permission (whether express or implied)—
(a)
in the way A affords B access, or by not affording B access, to a benefit,
facility or service;
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(b)
by subjecting B to any other detriment.
103
Sections 101 and 102: further provision
(1)
A duty to make reasonable adjustments applies to an association.
(2)
In the application of section 26 for the purposes of section 101(4) or 102(3),
neither of the following is a relevant protected characteristic—
30
(a)
religion or belief;
(b)
sexual orientation.
Special provision for political parties
104
Selection of candidates
(1)
This section applies to an association which is a registered political party.
35
(2)
A person does not contravene this Part only by acting in accordance with
selection arrangements.
(3)
Selection arrangements are arrangements—
(a)
which the party makes for regulating the selection of its candidates in a
relevant election,
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Equality Bill
Part 7 — Associations
67

(b)
the purpose of which is to reduce inequality in the party’s
representation in the body concerned, and
(c)
which, subject to subsection (7), are a proportionate means of achieving
that purpose.
(4)
The reference in subsection (3)(b) to inequality in a party’s representation in a
5
body is a reference to inequality between—
(a)
the number of the party’s candidates elected to be members of the body
who share a protected characteristic, and
(b)
the number of the party’s candidates so elected who do not share that
characteristic.
10
(5)
For the purposes of subsection (4), persons share the protected characteristic of
disability if they are disabled persons (and section 6(3)(b) is accordingly to be
ignored).
(6)
Selection arrangements do not include short-listing only such persons as have
a particular protected characteristic.
15
(7)
But subsection (6) does not apply to the protected characteristic of sex; and
subsection (3)(c) does not apply to short-listing in reliance on this subsection.
(8)
The following elections are relevant elections—
(a)
Parliamentary Elections;
(b)
elections to the European Parliament;
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(c)
elections to the Scottish Parliament;
(d)
elections to the National Assembly for Wales;
(e)
local government elections within the meaning of section 191, 203 or
204 of the Representation of the People Act 1983 (excluding elections
for the Mayor of London).
25
105
Time-limited provision
(1)
Section 104(7) is repealed at the end of 2030 unless an order is made under
subsection (2).
(2)
At any time before the end of 2030, a Minister of the Crown may by order
provide that subsection (1) is to have effect with the substitution of a later time
30
for that for the time being specified there.
(3)
In section 3 of the Sex Discrimination (Election Candidates) Act 2002 (expiry of
that Act), in subsection (1) for “2015” substitute “2030”.
(4)
The substitution made by subsection (3) does not affect the power to substitute
a later time by order under section 3 of that Act.
35
106
Information about diversity in range of candidates etc.
(1)
This section applies to an association which is a registered political party.
(2)
If the party had candidates at a relevant election, the party must, in accordance
with regulations made by a Minister of the Crown, publish information
relating to protected characteristics of persons who come within a description
40
prescribed in the regulations in accordance with subsection (3).
(3)
One or more of the following descriptions may be prescribed for the purposes
of subsection (2)—

Equality Bill
Part 7 — Associations
68

(a)
successful applicants for nomination as a candidate at the relevant
election;
(b)
unsuccessful applicants for nomination as a candidate at that election;
(c)
candidates elected at that election;
(d)
candidates who are not elected at that election.
5
(4)
The duty imposed by subsection (2) applies only in so far as it is possible to
publish information in a manner that ensures that no person to whom the
information relates can be identified from that information.
(5)
The following elections are relevant elections—
(a)
Parliamentary Elections;
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(b)
elections to the European Parliament;
(c)
elections to the Scottish Parliament;
(d)
elections to the National Assembly for Wales.
(6)
This section does not apply to the following protected characteristics—
(a)
marriage and civil partnership;
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(b)
pregnancy and maternity.
(7)
The regulations may provide that the information to be published—
(a)
must (subject to subsection (6)) relate to all protected characteristics or
only to such as are prescribed;
(b)
must include a statement, in respect of each protected characteristic to
20
which the information relates, of the proportion that the number of
persons who provided the information to the party bears to the number
of persons who were asked to provide it.
(8)
Regulations under this section may prescribe—
(a)
descriptions of information;
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(b)
descriptions of political party to which the duty is to apply;
(c)
the time at which information is to be published;
(d)
the form and manner in which information is to be published;
(e)
the period for which information is to be published.
(9)
Provision by virtue of subsection (8)(b) may, in particular, provide that the
30
duty imposed by subsection (2) does not apply to a party which had candidates
in fewer constituencies in the election concerned than a prescribed number.
(10)
Regulations under this section—
(a)
may provide that the duty imposed by subsection (2) applies only to
such relevant elections as are prescribed;
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(b)
may provide that a by-election or other election to fill a vacancy is not
to be treated as a relevant election or is to be so treated only to a
prescribed extent;
(c)
may amend this section so as to provide for the duty imposed by
subsection (2) to apply in the case of additional descriptions of election.
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(11)
Nothing in this section authorises a political party to require a person to
provide information to it.

Equality Bill
Part 8 — Prohibited conduct: ancillary
69

Supplementary
107
Interpretation and exceptions
(1)
This section applies for the purposes of this Part.
(2)
An “association” is an association of persons—
(a)
which has at least 25 members, and
5
(b)
admission to membership of which is regulated by the association’s
rules and involves a process of selection.
(3)
A Minister of the Crown may by order amend subsection (2)(a) so as to
substitute a different number for that for the time being specified there.
(4)
It does not matter—
10
(a)
whether an association is incorporated;
(b)
whether its activities are carried on for profit.
(5)
Membership is membership of any description; and a reference to a member is
to be construed accordingly.
(6)
A person is an “associate”, in relation to an association, if the person—
15
(a)
is not a member of the association, but
(b)
in accordance with the association’s rules, has some or all of the rights
as a member as a result of being a member of another association.
(7)
A reference to a registered political party is a reference to a party registered in
the Great Britain register under Part 2 of the Political Parties, Elections and
20
Referendums Act 2000.
(8)
Schedule 15 (reasonable adjustments) has effect.
(9)
Schedule 16 (exceptions) has effect.
Part 8
Prohibited conduct: ancillary
25
108
Relationships that have ended
(1)
A person (A) must not discriminate against another (B) if—
(a)
the discrimination arises out of and is closely connected to a
relationship which used to exist between them, and
(b)
conduct of a description constituting the discrimination would, if it
30
occurred during the relationship, contravene this Act.
(2)
A person (A) must not harass another (B) if—
(a)
the harassment arises out of and is closely connected to a relationship
which used to exist between them, and
(b)
conduct of a description constituting the harassment would, if it
35
occurred during the relationship, contravene this Act.
(3)
It does not matter whether the relationship ends before or after the
commencement of this section.
(4)
A duty to make reasonable adjustments applies to A in so far as B continues to
be placed at a substantial disadvantage as mentioned in section 20.
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Equality Bill
Part 8 — Prohibited conduct: ancillary
70

(5)
For the purposes of subsection (4), sections 20, 21 and 22 and the applicable
Schedules are to be construed as if the relationship had not ended.
(6)
For the purposes of Part 9 (enforcement), a contravention of this section relates
to the Part of this Act that would have been contravened if the relationship had
not ended.
5
(7)
But conduct is not a contravention of this section in so far as it also amounts to
victimisation of B by A.
109
Liability of employers and principals
(1)
Anything done by a person (A) in the course of A’s employment must be
treated as also done by the employer.
10
(2)
Anything done by an agent for a principal, with the authority of the principal,
must be treated as also done by the principal.
(3)
It does not matter whether the thing is done with the employer’s or principal’s
knowledge or approval.
(4)
In proceedings against A’s employer (B) in respect of anything alleged to have
15
been done by A in the course of A’s employment it is a defence for B to show
that B took all reasonable steps to prevent A—
(a)
from doing the thing, or
(b)
from doing anything of that description.
(5)
This section does not apply to offences under this Act (other than offences
20
under Part 12 (disabled persons: transport)).
110
Liability of employees and agents
(1)
A person (A) contravenes this section if—
(a)
A is an employee or agent,
(b)
A does a thing which, by virtue of section 109(1) or (2), is treated as
25
having been done by A’s employer or principal (as the case may be),
and
(c)
the doing of the thing by A amounts to a contravention of this Act by
the employer or principal (as the case may be).
(2)
It does not matter whether, in any proceedings, the employer is found not to
30
have contravened this Act by virtue of section 109(4).
(3)
A does not contravene this section if—
(a)
A relies on a statement by the employer or principal that doing the
thing is not a contravention of this Act, and
(b)
it is reasonable for A to do so.
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(4)
A person (B) commits an offence if B knowingly or recklessly makes a
statement mentioned in subsection (3)(a) which is false or misleading in a
material respect.
(5)
A person guilty of an offence under subsection (4) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
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(6)
Part 9 (enforcement) applies to a contravention of this section by A as if it were
the contravention mentioned in subsection (1)(c).

Equality Bill
Part 8 — Prohibited conduct: ancillary
71

(7)
The reference in subsection (1)(c) to a contravention of this Act does not include
a reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
111
Instructing, causing or inducing discrimination
(1)
A person (A) must not instruct another (B) to do in relation to a third person
5
(C) anything which contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or
112(1) (a basic contravention).
(2)
A person (A) must not cause another (B) to do in relation to a third person (C)
anything which is a basic contravention.
(3)
A person (A) must not induce another (B) to do in relation to a third person (C)
10
anything which is a basic contravention.
(4)
For the purposes of subsection (3), inducement may be direct or indirect.
(5)
Proceedings for a contravention of this section may be brought—
(a)
by B, if B is subjected to a detriment as a result of A’s conduct;
(b)
by C, if C is subjected to a detriment as a result of A’s conduct;
15
(c)
by the Commission.
(6)
For the purposes of subsection (5), it does not matter whether—
(a)
the basic contravention occurs;
(b)
any other proceedings are, or may be, brought in relation to A’s
conduct.
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(7)
This section does not apply unless the relationship between A and B is such
that A is in a position to commit a basic contravention in relation to B.
(8)
A reference in this section to causing or inducing a person to do a thing
includes a reference to attempting to cause or induce the person to do the thing.
(9)
For the purposes of Part 9 (enforcement), a contravention of this section is to be
25
treated as relating—
(a)
in a case within subsection (5)(a), to the Part of this Act which, because
of the relationship between A and B, A is in a position to contravene in
relation to B;
(b)
in a case within subsection (5)(b), to the Part of this Act which, because
30
of the relationship between B and C, B is in a position to contravene in
relation to C.
112
Aiding contraventions
(1)
A person (A) must not knowingly help another (B) to do anything which
contravenes Part 3, 4, 5, 6 or 7 or section 108(1) or (2) or 111 (a basic
35
contravention).
(2)
It is not a contravention of subsection (1) if—
(a)
A relies on a statement by B that the act for which the help is given does
not contravene this Act, and
(b)
it is reasonable for A to do so.
40
(3)
B commits an offence if B knowingly or recklessly makes a statement
mentioned in subsection (2)(a) which is false or misleading in a material
respect.

Equality Bill
Part 9 — Enforcement
Chapter 1 — Introductory
72

(4)
A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(5)
For the purposes of Part 9 (enforcement), a contravention of this section is to be
treated as relating to the provision of this Act to which the basic contravention
relates.
5
(6)
The reference in subsection (1) to a basic contravention does not include a
reference to disability discrimination in contravention of Chapter 1 of Part 6
(schools).
Part 9
Enforcement
10
Chapter 1
Introductory
113
Proceedings
(1)
Proceedings relating to a contravention of this Act must be brought in
accordance with this Part.
15
(2)
Subsection (1) does not apply to proceedings under Part 1 of the Equality Act
2006.
(3)
Subsection (1) does not prevent—
(a)
a claim for judicial review;
(b)
proceedings under the Immigration Acts;
20
(c)
proceedings under the Special Immigration Appeals Commission Act
1997;
(d)
in Scotland, an application to the supervisory jurisdiction of the Court
of Session.
(4)
This section is subject to any express provision of this Act conferring
25
jurisdiction on a court or tribunal.
(5)
The reference to a contravention of this Act includes a reference to a breach of
an equality clause or rule.
(6)
Chapters 2 and 3 do not apply to proceedings relating to an equality clause or
rule except in so far as Chapter 4 provides for that.
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(7)
This section does not apply to—
(a)
proceedings for an offence under this Act;
(b)
proceedings relating to a penalty under Part 12 (disabled persons:
transport).